Massachusetts HD 2010: An Act relative to uniform real property electronic recordings

Bill Text

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HOUSE DOCKET, NO. 2010 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1602

The Commonwealth of Massachusetts
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PRESENTED BY:
Daniel Cahill
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to uniform real property electronic recordings.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Daniel Cahill 10th Essex 1/15/2025

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HOUSE DOCKET, NO. 2010 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1602
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1602) of Daniel
Cahill relative to uniform real property electronic recordings. The Judiciary.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to uniform real property electronic recordings.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. The General Laws are hereby amended by inserting after chapter 110H the
2 following chapter:-
3 CHAPTER 110I. UNIFORM REAL PROPERTY ELECTRONIC RECORDINGS
4 Section 1. SHORT TITLE. This act may be cited as the Uniform Real Property
5 Electronic Recording Act
6 Section 2. For the purpose of this Act the following words shall, unless the context
7 clearly indicates otherwise, have the following meanings:-
8 “Document” means information that is:
9 (A) inscribed on a tangible medium or that is stored in an electronic or other medium and
10 is retrievable in perceivable form; and
11 (B) eligible to be recorded in the land records maintained by the registrar.

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12 “Electronic” means relating to technology having electrical, digital, magnetic, wireless,
13 optical, electromagnetic, or similar capabilities.
14 “Electronic document” means a document that is received by the registrar in an electronic
15 form.
16 “Electronic signature” means an electronic sound, symbol, or process attached to or
17 logically associated with a document and executed or adopted by a person with the intent to sign
18 the document.
19 “Person” means an individual, corporation, business trust, estate, trust, partnership,
20 limited liability company, association, joint venture, public corporation, government, or
21 governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
22 “State” means a state of the United States, the District of Columbia, Puerto Rico, the
23 United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
24 the United States.
25 Section 3. VALIDITY OF ELECTRONIC DOCUMENTS.
26 (a) If a law requires, as a condition for recording, that a document be an original, be on
27 paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic
28 document satisfying this act.
29 (b) If a law requires, as a condition for recording, that a document be signed, the
30 requirement is satisfied by an electronic signature.
31 (c) A requirement that a document or a signature associated with a document be
32 notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic

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33 signature of the person authorized to perform that act, and all other information required to be
34 included, is attached to or logically associated with the document or signature. A physical or
35 electronic image of a stamp, impression, or seal need not accompany an electronic signature.
36 Section 4. RECORDING OF DOCUMENTS.
37 (a) In this section, paper document means a document that is received by the registrar in
38 a form that is not electronic.
39 (b) A registrar:
40 1. who implements any of the functions listed in this section shall do so in compliance
41 with standards established by the Secretary of State.
42 2. may receive, index, store, archive, and transmit electronic documents.
43 3. may provide for access to, and for search and retrieval of, documents and information
44 by electronic means.
45
46 4. who accepts electronic documents for recording shall continue to accept paper
47 documents as authorized by state law and shall place entries for both types of documents in the
48 same index.
49 5. may convert paper documents accepted for recording into electronic form.
50

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51 6. may convert into electronic form information recorded before the registrar began to
52 record electronic documents.
53 7. may accept electronically any fee or tax that the registrar is authorized to collect.
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55 8. may agree with other officials of a state or a political subdivision thereof, or of the
56 United States, on procedures or processes to facilitate the electronic satisfaction of prior
57 approvals and conditions precedent to recording and the